jon: quite a newscast, you can go to foxnews.com/"happening now" to watch the interviews. jenna: "america live" starts right now. megyn: fox news alert a new warning from federal officials following the tragic gas line explosion in california. wait until you hear this. hi, everybody, welcome to "america live," i'm megyn kelly. the national transportation safety board now says that there is a nation-wide risk that a deadly blast like the one we saw in san bruno will happen again, a nation-wide risk. according to the warning from the ntsb there is a growing safety threat to thousands of american neighborhoods that lie directly over pipeline networks. this is what is left of that san bruno neighborhood. we are now learning that more than 60% of u.s. pipelines are aging, and according to the ntsb putting countless lives at risk.

trace gallagher has more live from our west coast newsroom, trace. >> reporter: i've got to tell you, megyn the more we look into this the more concerning this gets, five days after the san bruno pipe explosion and we still have no idea what the exact cause was. the ntsb saying, look around the country. there could be thousands, maybe tens of thousands of pipes that are in the same condition the san bruno pipe was in. remember, if you want to look at these pictures, the san bruno pipes were all put in in the 1950s. this is 1948, look at the hillsides, the area, there are very few subdivisions put in here. they were all put in by the 1950s. now we'll show you almost of the same picture of what it looks like today, you'll get a better example. look at the sprawl. on top of all of those gas lines that were put in 50 years ago, and keep in mind that for a metal pipe 50 years is about the life expectancy, look at the sprawl in the same area. all those pipes that were put in

a half century ago they have houses on streets on top of them. it's the same story across the country, 2 million miles of natural gas pipelines. the feds have got 94 inspectors. do the math, that's 21,000 miles of me up line per inspector, which is why the local companies are the ones that have to police themselves. 60% of the nation's pipelines are 40 years or older. again, the life expectancy is about 50 years. the federal government says 1990, and from then there had been 2,840 significant gas pipeline incidents. 35% of those have had either injuries or deaths. that's one incident every other day. but they are not getting the same recognition as the one in san bruno because they weren't as big, which is why you have to wonder and feel bad for people in san bruno who are thinking, wait a minute, i've got to go

back in and live in this home? listen. >> doing all the at the timing -- testing on the line doesn't satisfy me. it's still running through the neighborhood, it's under my house. there are areas of the pipe that you can't access, so how good is that test? >> reporter: but, again, fixing and replacing these pipelines is a major construction project, major inconvenience for the people who live there, and the cost, skyrocketing costs megyn. megyn: the cost of human life even better, that's the balance that they have to weigh. trace gallagher thank you. while we do not know the total cost of damages from the san bruno explosion, get this, there are new reports that the pipeline owner is backing a bill that would charge the customers for catastrophes like the ones we saw last week. pacific gas and electric is asking regulators to approve a plan have customers pick up any

costs not covered by the company's insurance company. presumably that would involve the people who lost their homes and families whose relatives lost their lives. you can click on the story link on our home page. one of the best feature is the feature that helps you find gas lines that might run through your neighborhood. foxnews.com, that's helpful. well "america live" is live in philadelphia right now, the president is there giving his second annual back to school speech. in addition to an educational pep talk president obama is expected to touch on tough issues like the war and the economy. you can catch the president's entire spraoefp streaming live on our website again foxnews.com. while the president explains economic challenges to the nation's school children some of his old friends in chicago might do well to listen in. america's third largest city is now facing a $654 million deficit.

and chicago recently had its credit rating cut, and we're told that the outgoing mayor richard daley is not leaving a lot of options for whoever his replacement might be. join me with more is stu varney. anchor of varney & company on the fox news network. >> reporter: john daly is leaving office next year leaving the city in dire straits and his successor facing really tough choices. he's going to have maybe two weeks worth of operating money left, $21 million, that is a couple of weeks worth of cash when the new mayor takes office. he will be faced with the following choices. radical cuts in services delivered. big increases in taxes, or go for a bail out. the problem with a bail out is

he'd have to get it from the state of illinois. the state of illinois is the most depressed financially of any state in america, so really you're looking for a back door, ultimate bail out by the feds down the rode. those are -- road. those are the choices that will be presented. megyn: what does that mean for the people who live in chicago. >> reporter: it's hard to say where the cuts will come, cuts will have to come or taxes will have to be raised. it's really a dire situation. it's not unusual in. we're seeing the across the country. megyn: is there any chance to bail out chicago. >> reporter: i think there is every chance. >> really. >> reporter: i think it's the answer. it's the answer in california, it's likely to be the answer in new york. it will be in illinois. what else are they going to do? megyn: it's more than half a billion dollars, we don't have it at the federal level, the federal taxpayers can't afford it. >> reporter: we will barrow it, it's that or massive layoffs and cuts in social services. megyn: that's what they say it's

either this or you're going to face massive layoffs and massive horror and you look at your child and you say, sorry honey, pay up. >> reporter: we are getting closer and closer to the brick wall, it is approach. megyn: i love chicago, i'm sorry to hear about that. i hope they find a solution that doesn't require people to pay too much. >> reporter: good luck, megyn. megyn: all right, stu, thank you. folks we are busy here in america's election headquarters today with the final primary battles before the midterms. voters in seven states plus the district of columbia filling out their ballots right now. live pictures coming back from good old new york city. what exactly can we expect once the polls close and new york city has an important election underway as well. bret baier is the anchor of special report and he will be leading our coverage continue. all right, let's start with what everybody is talking about which is delaware. the big story there is the republican nomination for senate and it pitts a party

establishment person against a tea party favorite. how does that shake out. >> reporter: mike castle has long been the considered to get the republican tphopl nay. he's run for state office some 12 times. he's seen in polls against the democrat who is already chosen, chris coons, as the match up. christine o'donnell got the backing of the tea party express. the backing of former alaska governor sarah palin. the backing of south carolina senator jim demint and a lot of steam heading into the primary tonight. most election years you would say republicans would tend toee hrebt the guy who matches up better in early polls against the democrat. this is not most election years. and there are folks there in delaware who believe the more conservative candidate is christine o'donnell and this is going to probably go down to the wire. megyn: it could be the case if christine o'donnell wins this thing thanks to the thaep

backing and the backing of sarah palin she could win tonight but less likely to win against the democrat, this is delaware don't forget, not exactly a red state. she is less likely to win again the democrat come november. will she within tonight will the democrats be celebrating along with the tea party party. >> reporter: big time one would thing. christine o'donnell's people would say we are going to run a very good campaign we believe we have a chance to within in an environmental match up in this environment. you're right delaware is a left-leaning state and it would seem democrats would be better positioned if she was the nominee. but, again, who knows, this is an unbelievable year. megyn: we're going to have a tea party person, a representative from the tea party group that backed her on in a few minutes. i'll asking to ask her these questions. new hampshire also an interesting state where you have a similar situation, a establishment republican trying

to fight off a tea party contender. what do you see happening here? >> reporter: kelly ayotte was the former attorney general there. ovide lamontagne is backed by the tea party activists. there are businessmen in that campaign but they've fallen back, at least heading into election day. that being said this is going to be tight. it's another race where ayotte is leading in the election poll early, but ovide lamontagne has a lot of backing. this is jud greg, seat that will be open. megyn: charlie rangel is fighting off a challenge now trying to hold onto his seat in the mist of this ethics scandal from adam clayton powell the iv.

they have history the families do. >> reporter: the thing is adam clayton powell the iv he's renamed himself, taken that name to tie himself to the powell family, because adam clayton powell was very popular throughout the district there for years and years. charlie rangel has a lot of ties, obviously, and he has a lot of support. bill clinton just cut a robo call for him in the last minutes of this complain. it's believed rangel will pull it out despite all the allegations against him on capitol hill. megyn: clayton powell had a dui and some sort of inappropriate relationship with an intern, he says it's nothing compared to what rangel did. these are the choices, the good people in harlem have to make today, which of those candidates will they vote for. bret baier will bring you the results as they come in tonight.

the tea party versus the gop. the tea party versus the gop will be one of the big stories tonight. a number of republicans are very concerned that tea party victories tonight could spell trouble for conservatives in november. we're going to talk live with one of the tea party leaders in delaware in three minutes. this is going to be very interesting, don't miss that. by the way, thanks to our sharp-i'd viewers who noticed that we had the wrong mayor daily picture in our gaffe i can earlier. i didn't even look up, this is the right mayor day lease, good old richard daley and doesn't want the job any longer. will rahm emanuel want it? we'll find out. we are hearing warnings now from terror analysts today regarding the death of a northeastern university lab tech. how she was able to walk into the lab and walk out again with deadly chemicals without anybody noticing? will the government soon have control over your cold and flu medicine. why the fda wants to prevent you

now from buying the most common brands. you may no longer be able to buy these. it's been five years since nancy grace channeled her anger over her fiance's murder into a popular victim-rights themed talk show. she is launching a court series. coming up she will join me live to talk about it and her incredible career. >> this isn't the first time you have beaten a woman, is it? don't lie to me. >> that's true. >> you think it's okay to act like the animals out in the jungle and just take whatever you want, and beat whoever you want? >> no.

megyn: as the voters head to the polls for the last primary day of the midterm season new questions about whether the tea party will cost the gop its chances of winning back the senate. live pictures here from a

polling station in delaware where a tea party-backed candidate, christine o'donnell is going head-to-head against washington insider mike castle. there is a real question about whether the tea party could win the battle but lose the war here. amy kramer is director of grass roots and coalitions for the tea party express, and that group has thrown it's ooh sport behind tea party candidate christine o'donnell. amy, thank you so much for being here. >> thanks for having me, megyn. megyn: you heard us hopefully tee it up with bret baier bear. the conventional kiss come is that christine o'donnell is looking pretty good, the race is pretty tight between o'donnell and mike castle, but mike castle is much better position according to the polling across the board right now to beat the democrat than christine o'donnell is. the which is come is christine might win tonight but it's going to cost the gop this seat come november, and you say what? >> i say people sure have

forgotten what happened back in january in the bluest of blue states with scott brown in massachusetts when no one thought a republican could take a seat that had been held by the kennedies for over 40 years and scott brown a republican won that seat. that wasn't that long ago. it's the same people saying scott brown continue win then. saying joe miller couldn't win in alaska two weeks ago, and they've been wrong, megyn. people are waking up, educating themselves so they h-r empowered when they go to the polls and they are learning that party politics is not what we need to stand for. we need to stand on principle, and that's what we are fighting against. we are fighting against this party politics that's ruled for so many years and we're just not going to do it any more. megyn: charles krout hammer who is a conservative columnist and big thinker and he gives a special report each night he had have to say last night. >> you have to elect the most electable. delaware is not alaska. in alaska you can endorse a joe miller who is going to win any

way, even though he's more conservative. in delaware o'donnell is going to loose and that could be the difference between republican and democratic control and make a difference about the obama a agenda in the future. megyn: go ahead, amy. >> i respect him so much, he's brilliant, intelligent. he was one of the ones that was wrong about alaska. everybody is talking about christine o'donnell you can't -- she can't win it. you don't hear mike castle being a conservative. he's one of the most liberal in the house. he's a sure vote for cap and trade. he's already voted information cap and trade in the house. he's a sure vote in the senate and we just can't take that chance. when are people going to start standing on principles and voting on the issues and stop worrying about party politics. megyn: how do you do it in a state like delaware? i don't have to tell you, that is not a red state. if christine o'donnell wins tonight how do you convince the

left-leaning delaware voters that they -- as you point out she is definitely to the right of mike castle. how do you support them? you need enough independents and democrats to get behind her to winhis generation. how do you do that? >> this tea party movement that's grown leaps and bounds over the last year and a half is a direct result of people being fed up with both parties, both the democrat and republican party. this movement was born out of concern over the fiscal issues the excessive out of control spending that is going on in our country at the local, state and federal level, especially at the federal level. democrats, along with republicans and independents are concerned about out of control spending. and this crosses all party lines and that's how scott brown was able to be elected in january. when people go to the ballot box they are voting on the economy. that is the number one issue affecting all americans right

now, it's not about social issues. megyn: you're right that those are serious concerns most people have, the economy, independents are raising questions about that as well. the latest polling, i'm looking at rasmussen, he puts o'donnell 11 points behind the democrat in a general election match up and he puts mike castle who we are showing here the sort of republican-establishment guy 11 points ahead of the democrat. so it's more and 20-point swing. they are basically predict the smart money its on -- is on castle when the gop wants to take this joe biden seat. >> if we look at what happened back in j june with sharon angle and harry reid in nevada. we kept saerg it needed to be kompasu loudon that could win. sharon angle is tied with harry reid if not polling above him.

these pundits and analysts need to listen to the people. we are here boots on the ground, listening to what the people are saying and you can't tell me just because you're a democrat that your fiscally irresponsible. democratting are concerned too. they are just as smart as everybody else and they know they have to vote to get a conservative to washington. and, you know, that is our objective. it's not to send republicans to washington, it's to send conservatives to washington and that's what we are working on doing. megyn: all right. amy kramer, very interesting. thank you so much for coming on we appreciate it. >> thank you have a great day. megyn: all the best, you too. a college student found dead in an apparent suicide, a bag filled with cyanide found next to her, but there is more, see why this tragic case haster reus eupl experts very alarmed. a california republican getting a lot of attention today for his effort to challenge nancy pelosi, yes i say a california republican is challenging nancy pelosi in san francisco. the must see ad and the

interesting man behind it both on "america live" today. >> hello my pretty, i will save you from those evil republicans. but first pay $18,000 a month for my downtown office.

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megyn: 1:26 here in the east, welcome back. serious new safety concerns after a lab tech from northeastern university allegedly commits suicide using a dangerous chemical. emily stock found lifeless believed to have taken crystallized cyanide. the 30-year-old had full access to the lab in which the cyanide was kept. how exactly did she get this out? and if she did then anyone else can too, right? trace gallagher following this from our west coast newsroom.

how did she do it and why does this raise terror concerns. >> reporter: big time terror concerns, no one really knows how she did it. she is 30 years old and found with a plastic bag of crystallized cyanide. she recently lost her job. she lived 30 miles away from northeastern university. she rode the train. authorities are trying to figure out did she take this cyanide all at one time, in stages, did she take it on the train. security agents say cyanide is a very effective weapon for assassinations for killing small groups of people and they point out that terrorists, al-qaida are still targeting colleges, they are looking for chemical weapons, targeting colleges because there is very little security among the students and very little screening going ph- in tka*rb dash in and out of these chem labs. colleges can be careless like that. here is a professor at a university, listen. >> it's the kind of thing we normally keep in a closed

cabinet, sometimes locked, so we treat it with care but it a reagent that is used very commonly. >> reporter: even if it was a closed cabinet or locked as a lab tech she would have access to that cabinet. it's how she got it off campus. they are very concerned. northeastern has not yet commented on this but their security clearly is coming under bigger phoning us, megyn. megyn: we have this lab tech who was obviously distraught and not emotionally stable, with that kind of access there will be questions about background checks and other mental health checks as well. trace gallagher thank you. a hot tax question for you out of washington, if the president is successful with his tax hike what exactly, exactly does it mean for small businesses? one small business owner with a very real perspective joins us live on this set next. and an actor who starred in the film "40-year-old virgin" accused of stabbing his girlfriend almost two dozen times. we'll debate his dramatic

defense and you will hear from him on the witness stand, today in "kelly's court." >> we received information that it's over 20 stab wounds to her torso and severe last raeugs to her face. >> we just talked to him and asked him to think about what he was doing and to put the knife down and calmly, very calmly spoke to him. let me tell you about a very important phone call i made.

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get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: firefighters in colorado on training one of two major wildfires.

investigators believe both fires were caused by human beings. the colorado authorities say they do not know if they will file any charges. blagojevich's defense team is asking a judge to acquit blagojevich of lying to the fbi. that is the only guilty verdict returned. retail sales rows by the largest margin in five months. the u.s. may not be headed for a double-dip recession. let's hope that is true. well new details now on the big debate that is raging in washington right now. should lawmakers hike taxes on lks making more than $250,000 a year? if they do what will the reality be for small businesses? if those taxes go up on the so-called rich. small business owner norman overlander is my guest, he's the ceo of zip productions a small advertising and marketing firm. we'll start with this. the american public is against

you. the polls say that when they ask people, do you want taxes to go up on the so-called rich who make over $250,000 a year, they say, i'm okay with that because we he don't really like the rich and want to see them pay. you say this is going to hurt you how if your taxes go up at end of december, beginning of january, as they are scheduled right now to do. >> i think it's going to hurt me in a few ways. the two biggest ways are number one it's going to hurt me as far as being able to invest in my business and make it grow. it's going to hurt me as far as being able to hire more people and getting the economy going. and it's also hurting me i think psychologically, it's totally demoralizing. megyn: how so? >> well, i got into business on my own, because i wanted to be in control of my own destiny. i saw how other people were doing business and i wanted to be able to do it. america afforded me that opportunity. they kept me -- i was able to learn, i was able to develop,

and i did it on my own, i did it my way. america supports that. that's the great aspect of america. i think -- by telling me exactly what is going to happen, what i can do and what i can't do, and taking the money away that i can invest and develop kind of sometime mes -- stimys the whole principle. megyn: the message we've heard directly from the white house over the past few days has been, look, these rich, really is what they say, they keep it, they don't spend it, they don't need the tax cut first of all and when you give them the tax cut they don't go out and spend and stimulate the economy. let's just take it from them and pay down the staggering national debt. >> that is not true, that is not true. if i don't put the money that i make into business then i use it to buy products that other businesses make, which also sometime later the economy, and

it's myself, my friends, we are all in it together. if we have extra money we're going to spend it. i don't -- as a small business owner i just don't go home and start counting my money and hoarding and putting it in boxes and a taking pictures of it and putting it next to the pictures of my children. megyn: how many people do you employ. >> six of us all together. megyn: if you were to keep the money might you hire more people or would that be a pipe dream. >> definitely. i want to expand now. in my business the web presence -- megyn: barack obama says that he is inch sepb ta vicing small businesses like yours by a research and development credit he wants to offer. he says he's looking out for small business owners in different ways. he may not give you the income tax break but research and development tax breaks. does that help you? >> not really. we are not big enough to have a

research department and develop different procedures. we have to make money with everything that we do. i would employ people who would actually help me produce so that i can give something to another company, and make a profit on that, and then they would then make their profits from what i do for them. megyn: let me ask you this, do you come from family dough. >> no i don't. megyn: are you a self-made man. >> you could say that, yeah. megyn: do you feel like your success is being penalized. president obama says we are not trying to penalize the wealthy we are trying to pay down the deficit and do something that is fiscally responsible. >> i don't -- i hear a lot of different things coming from barack obama and his administration and then i see other things happening. i says one thing, and then i hear -- i actually see something else happening.

look at what's happening with obamacare. it's not going to cost anything, it's going to make everything lower and right away all of a sudden everything is getting higher. so i don't believe everything i hear from the administration. i don't have that credibility, and that makes me a little bit wary. megyn: we wish you luck with your company. good for you for having six employees in a time like this. i know that's tough on all small business owners. good luck. some political analysts say the midterms are going to be a report card on president obama. if that's true what does it mean for the president's 2012 chances. karl rove live right here to explain how this year's midterms could affect the 2012 presidential election. the cold and flu season is just around the corner. before you down the meds you need to hear about the hearing that may make this time of year

more unbearable. why you may not be able to access these drugs over-the-counter any time soon. she is one of the most talked about stars on television news. love her or hate her you know you have an opinion of nancy grace. there is much more to her than meets the eye. she is here with the amazing story of how she got where she is today and what she is doing now. >> and you are trying to suggest i shouldn't be apbg row that you victim myself people that are less strong and less countrying than you? you have permanently scarred your child. >> yeah, okay. >> all right? and yeah, i'm mad about it, whether you are or not. somebody in this room should be mad. case closed.

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or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. megyn: tropical trouble, the fifth hurricane of the atlantic season forming off of africa right now, hurricane julia. it doesn't sound like a hurricane to me. packing winds near 85 miles an

hour and expected to strengthen. right now julia is far behind the much more powerful hurricane igor. that's more like it. that storm is a category 4. winds are near 130 miles an hour, and igor is expected to start causing dangerous waves in puerto rico and the virgin islands tonight and tomorrow. we're tracking it all. we'll bring you more on the projected tracks as we get it. >> hi woodrow. >> how are you. >> i'm irritated. don't lie to me. you think it's okay to act like the animals out in the jungle and just take whatever you want and beat whoever you want? look at this, you're not led zepplin -- nobody ever gets anywhere without somebody making fun of them. people make fun of me all the time. and if i listened to them i'd be at home under my bed crying right now. megyn: that is nancy grace on

her new syndicated court series "swift justice" the former prosecutor turned cable news commentator coming through a lot of tough times to get where she is, most difficult of all the murder of her fiance. for more on her amazing, amazing story nancy grace joins me live. i'm so excited to have you here in the studio, i have to say. >> the feeling is mutual, i'm a big fan. i want to thank you for having me with you today. megyn: this is like a dream come true. i i used to watch you even before i was on television on larry king. >> am i that old. megyn: it wasn't that long ago. you were a fierce advocate for victims, in particular for women. a strong advocate for women which up until recently wasn't all that prevalent on tv. i tip my hat to you on that. i'm asking to ask you about the series and then get into who nancy grace really is. eye not enough that you have your own news show on against

mr. bill o'reilly. now you've got to do a syndicated court series where you're really kicking some butt. >> here is the thing, i don't have to do it, i want to do it, because it is unlike anything i have ever seen. i've seen nothing like it on television before. i went into this meeting with all these important people but i didn't really know or understand who they were or how important they were in the tv world. and i said i'm not doing a court show people. and they said you want to do a court show, yeah, okay. but i didn't want a state robe and a state gavel. megyn: you are arbitrate t-g it. >> i would say a tiny bit more strident than arbitration. there is no robe, gavel, no fake books behind you, there is nothing like that. it's the real deal. megyn: how do the guys agree to go on there if they've beaten their girlfriends or wives. >> i remember when i was trying

felonies as a prosecutor i would think i had accomplished something i would come back to my office where i had -pbt been for two or three weeks there would be 150 new felonies for me to handle that week, and the system is overburdened and we take cases out of the system, and i adjudicate them. they submit to the law of nancy. megyn: are they crazy? they must not watch your regular show. >> somebody is happy. actually in a lot of cases nobody is happy which i consider to be a good outcome. megyn: that's the right result. how on earth do you balance this. not only do you have your headlines news show you have this show now, you have almost 3-year-old twins, you have a personal life that i'm sure you tend to whenever you can. how on earth are you doing all this. >> you know all that stuff about married people having date nights, forget that stuff. that's not happening. we rock our children to sleep and then we order indian. how do i balance it? it's such a rhetorical question. over there in the dark is my mother. she is a working mom, my grandmother was a working mother

she worked in a factory and helped build a farm and raised children and i'm doing the same. i do it just like every other mother in this country. a lot of them have three jobs, i've only got two. megyn: you've been through a lot of personal tragedy i think the viewers have heard the story of your fiance being murdered shortly before your wedding you became a criminal prosecutor for ten years with an incredible conviction rate putting away the worst felons, child molesters, you name it. does it lead to a lot of anger? >> well, i would say that it leads more to heartbreak. i remember my first murder trial, and i expected that i would be -- feel victorious and jubilent when i finally got that murder conviction. i turned around and looked at the courtroom was empty and it got bigger, and bigger and bigger, and there were more and more violent crimes happening,

and i felt that as fast as i could try them there would be some more. it was just a never-ending wave. i felt that bit by bit, case-by-case i could help somebody, and that's how i feel about this, because we go beyond the two litigants. i think it's a husband and wife suing each other over money, turns out the husband has a gambling addiction and has been siphoning thousands of their nest egg to support it. megyn: it seems like a genuine emotion, on your show, on this show you seem genuinely angry at these deadbeats. >> i am, i am angry. i was telling a lady the other day, she wasn't angry, her husband had been mistreating her in front of their children. i'm like, you know what, lady you may not be angry but i am. somebody needs to be, not for you, your grown you can take care of yourself, what about your children. megyn: what do you say to the people because not everybody

actually loves tph-pbs see grace. some people say you're too strident, over the top. some of our viewers said ask her about the duke hro* cross case, they say you unfairly condemned those boys. >> here is the deal. at no time did i say the duke lacrosse players were guilty. although a lot of people would like to believe that i day. when i first heard the duke lacrosse case i was presented with an alleged rape victim, a rape nurse who said she believed the woman had been raped, and a well respected district attorney who believed she had been raped. and i saw nothing nefarious in that scenario and was given no reason to disbelieve anyone. and when it turned out that the woman lied i thought and said she should be prosecuted. now, i was going on the facts that we were given as everyone

does. megyn: obviously there are many more nancy grace lovers than haters out there. how do you deal with the hate tkers. >> you can either pay attention to them or crack, or you can stay true to what you believe and old onto what you know and keep fighting. megyn: like you said you could be under your bed all day if you listened to all the bad. >> oh, gosh, there war no dream that came true, no job or tpao*et accomplished if you listen to all the naysayers. megyn: running after the twins is how she got this. >> i was surveilling them. megyn: one wrong move and boom, kelly is down. all the best to you. i know i'll be watching. thank you good luck with you. ment fda is having a hearing in washington that could change your cold and flu season forever. up next what critics are calling a nanny state nightmare why they

want to take your favorite cold and flu meds off the store shelf. plus. >> this ad is taking aim at mcdonald's. we'll tell you why and talk to the person behind it. [ female announcer ] there's a new way to let go of some of the annoying symptoms menopause brings. introducing one a day menopause formula. the only complete multivitamin with soy isoflavones to help address hot flashes and mild mood changes. new one a day menopause formula.

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>> megyn: right now the food and drug administration is considering a proposal to pull over 600 commonly used cold medications off the shelves. if the idea goes through you may soon need a prescription to buy that cough syrup you used to reach for once you had a little [coughing ] trace gallagher is live with this. first it was sudafed, now we can't get what. >> reporter: you can't get the cough medicine, or cold medicine

with dex. dex is supposed to be the stuff that stops you from coughing. i could use a swig right now as a matter of fact. it's in 600 over-the-counter cold medicines. the fda, we just talked to them, they are talking about making this stuff from over-the-counter into prescription. the worry is some people would use this ingredient to, you know, recreational drug, robo tripping is what they call it. the experts say it's less than 1% of the population that uses this stuff to get high. even if you wanted to get high you would tpwhaoed to take 20 times the -- need to take 20 times the recommended dosage which is why the drug enforcement administration says this is a low-threat drug. and critics say the prescription part of this thing, well, it's twice as common. if you have prescription drugs they are being abused twice as much as over-the-counter drugs. certainly the cough companies, the cold remedy companies do not

want this stuff to be a prescription because it would raise the price and it would lower the sales. you shouldn't give it to your kids under five. that goes without saying. megyn: if people are getting high over magic markers, the spray you spray on your computer, glue, will that all require a prescription too. >> reporter: that's exactly right. paint thinner is one ever the biggest chemicals use -ded for getting kids high. megyn: trace, talk to you later. right now in florida they are holding maybe the most important hearing so far on the effort to overturn the healthcare law. we are live at the courthouse next, you're going to want to hear this. plus, some say the midterm elections are a report regard on president obama. so if things go badly for the democrats what does that mean for 2012? karl rove will answer that critical question after this break. and look at this, a

controversial new commercial taking aim at mcdonald's, but are fast food joints really to blame for this guy's dying? we'll ask dr. manny. old legs. p.a.d., the doctor said. p-a-d... p.a.d. isn't just poor circulation in your legs causing you pain. it more than doubles your risk of a heart attack or stroke. i was going to tell you. if you ha p.a.d., plavix can help protect you from a heart attack or stroke. plavix helps keep blood platelets from sticking together and forming clots, the cause of most heart attacks and strokes. call the doctor about plavix -- please? i will. [ male announcer ] certain genetic factors and some medicines such as prilosec reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines

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rr. megyn: fox news alert more than 20 states and a small group of business owners making a case to crush the healthcare law. what could be the most crucial hearing to date on this national debate is underway in pensacola, florida. the national federation of independent business arguing in favor of a law to block healthcare from taking effect, insisting it's unconstitutional to require americans to purchase medical coverage or pay a fine. 20 states are standing side by side with that federation.

uncle sam is defending the massive legislation. phil keating is standing by. how did they do? >> this is the day. it's a huge day for all 20 state as well as the largest business lobby for small business in the united states. because this was a motion about it just its department to dismiss this lawsuit as having no merit. you cannot proceed some go into full court. but the judge here will have to make a decision. so for the attorneys regarding representing the states. this is their big day. each side had 45 minutes to make their case because at this point it's going to be appealed by whoever losses and you will never know how high this may go, probably to the u.s. supreme court. the three attorneys general onscene here, as well as utah, they are representatives from

utah, from georgia a as well as from louisiana. all there in the courtroom. they all felt they had a pretty good hearing in there because they felt the judge was peppering the doj's attorney with pointed questions. they felt they were reading the tea leaves. as they left the courtroom they expressed to everybody on the courthouse steps that they feel cautious, however, they are optimistic. >> today is a great day for the constitution of the united states. it's a great day for the individual being represented here because we know at the end of the day this case is going to go to the the united states supreme court in one day or another. >> i believe today was a good day for the constitution. it was a good day for people month wrote the constitution and i'm hopeful and optimistic we'll get in this courthouse what we did not get in the federal buildings in washington, d.c., which is a chance for the constitution to be protected and

vindicated. >> reporter: that point right there by alabama''s attorney general says that's what it's all about. >> reporter: the department of justice says there are multiple court precedence dismissing the claims. megyn: how did the doj react to the state's claim that taxing someone for not having health insurance is unconstitutional. we are on new ground there. >> reporter: that's one of the more controversial aspects of the 1,000 * page bill. the interstate commercial clause does apply because they will eventually have to need health insurance. so they will end up costing hospital, providers and people

who do have health insurance to pay a higher premium. megyn: phil keating will watch it for us and bring us updates as ahas them. some fascinating new details on the federal government's handling of the bp crisis. thanks to some digging by the associated press. we are learning federal officials awarded a no-bid contract to a new orleans man to monitor media coverage of the government response to the oil spill. we are talking thousands of dollars for this. apparently it's just a start of some questionable spending. kris gutierrez is live with more. you just got off the phone with that guy. what dose have to say. >> reporter: he tells me he was hired by the coast guard to watch tv reports and read print articles because the coast guard wanted to know if the information going out to the general public was favorable. he says he worked 12 hours a

day, seven days a week. he reported fox news. i asked him for examples of his work. he says one day he noticed reporters and photographers weren't given access to oil-soaked booms. and he noted that as unfavorable coverage. the coast guard says they use news clipping services like this every day. when there is a big events like this they hire out extra help. for this, roughly $18,000 for two months' work. >> reporter: the a.p. did an investigative report. they said that most of the information seemed reasonable on the contract. for example, we have some of the big-ticket items. the government is looking for reimbursement of $5.8 million for helicopter services.

for man $450,000 for cell phones and satellite phones. megyn: independent bp czar ken feinberg is getting an earful in louisiana at a town hall. angry gulf residents looking for relief they say is not coming fast enough. >> we don't have an answer from you to explain why we can't get the rest of our money. 30 days? we all could be out of our homes. 30 days we could have no lights, no food, nothing. >> i'm together best i can. if the best i can is not good enough, i'm sorry. it's not a lie. i'll do the best i can. i'll try to give you the maximum amount i can give you. megyn: mr. fineberg.

he says that his office is handling 1,000 claims a day. but people in this crowd say those claims are being handled too slowly as you heard. it's another election day which is always exciting. here at america's election headquarters. today is the last big round of primaries before the november general election. voters in six states along with d.c. head together polls and shaping key mid-term battles. one of the most closely watches is the battle for joe biden's old senate seat. christine o'donnell battling mike castle. the gop favorite. if you will. she is the tea party outside and carl cameron is covering it all from wilmington, delaware. where else would you be on a day like today. it's the most interesting race. we heard a lot about the tea party today.

how is this going to play out? krauthammer was saying this is irresponsible by sarah palin and the tea party to be backing o'donnell because she may win tonight but will lose in the general. >> reporter: this is the last big primary and delaware is the one you are one * is watching because of this tea party dynamic. when we talk about the tea party we have to be careful. the tea party backing sarah palin is a political action committee out of northern california called the tea party express. they make donations and buy ads. they are not the tea party patriots and the tea party nation. the majority of the tea party movement that is grassroots. the tea party express is a pac. some of the tea party organizations have not backed christine o'donnell. dick army of freedom works

specifically refused to endorse her yesterday, citing some of the problems with her personal finances. she is a self-styled fiscal conservatives but she has had problems with liens and college tuition debts. dick army held back, sarah palin jumped in for her and it made a profound difference. she went down from being down 10 points to being in a a is i cal dead -- to being in a statistical dead heat. whether she can pick up biden's seat is in doubt. chris coons is the uncontested nominee. according to the polls he's likely to both o'donnell soundly. megyn: that's not a conservative state. yet they have two neck and neck

candidates. it's anybody's race tonight as far as the gop nominations. are the tried and true republicans open to backing a tea party candidate if that's who gets elected tonight? >> reporter: the tea party expression money and sarah palin are from out of state. the connecticut party backs castle. on the street which is a white collar moderate state, mike castle is a liberal republican. christine o'donnell says we have to get rid of liberals in the republican party. only 30,000 votes will get cast here. so the winner could win with 15,000, 16,000. megyn: can't wait to find out how it turns out. carl cameron will bring us the results tonight. campaign carl, see you soon.

a lot of political writers are saying the mid-terms will be a report card on president obama. what if voters give him a failing grade? what does it mean for 2012. karl rove is here. he's up after this break. wait until you hear the bombshell being kicked around by some political analysts. fast food is not the key to physical fitness. but a shocking new ad may have crossed the line? we reporting with you decide. on mickey ds and this dead guy. better break out your recycling bin or else. the trash police. you can't make this up. host: could switching to geico really

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megyn: tonight is the last round of primary voting. today on the politico.com web site -- hold on, big time democrat who refused to go to the record with his name. according to this big-time democrat, they say barack obama cannot save 2012, and they say, quote, it is gone. he must concentrate on saving 2012. but the biggest fear of some of those close to him is he might not want to go on in 2012. that he might not really care. karl rove, former senior advisor to president bush. are you hearing this in your

sources? you are better connected than i am. that president obama may choose to be a one-term president? >> i heard a little bit of it. roger simons is a good reporter with big sources in washington. when he writes this you have to take it seriously. president obama is the first presidential candidate to wind election and in his victory statement declare for reelection. i find it hard to believe at the end of the dave he doesn't run again. buff he does face big challenges both in how he operates the white house, what tone he adopts after the election and how he structures himself for the 2012 race. he has been making mistakes and he has to change direction in order to overcome each of those. megyn: anything can happen. the done vengs sal wisdom is it won't be a good night for

democrats. it's not assured they will loss the house or cincinnati or both, though they could. if the case scenario happens for the democrats and they lose both houses, how does the white house spin that? >> i don't think it needs to go that far. they will try to spin keeping one or both of the houses. as a huge victory. but let's not kid ourselves. if the republicans come close to grabbing control one or the other it will be a huge crimp in the president's plans. there are lots of democrats uncomfortable running for his agenda. they passed the healthcare bill with a handful of votes. they passed the stimulus bill only because they had republican votes on their side. it by no means is going to be smooth sailing if they keep control of congress. they are going to have losses. everybody agrees, we'll have big losses and the question is whether those losses are big enough to have control of one

body or another. here is one of those challenges. what is his legislative agenda? he's not making the 2010 election about anything except attacks on republicans, john boehner's tan and his predecessor. he's not using this election as a way to frame up big choices that will give him a chance after the election saying the american people want us to do these two or three things. megyn: what are republicans running on? the white house response has been their gop message is basically we got us into this mess, the democrats are only had 19 nothing to get us out and they haven't done enough so let us take back control so we can continue the old policies that got us into the mess to begin with. >> that's what the democrats say. but the republicans say with the american people, stop the spending, reduce the deficit. don't raise taxes. do what's necessary to create jobs and let's repeal obama care

and reform our healthcare system with true and proper reform. republicans don't need a big positive message. right now the american people are mostly demanding stop the spending, stop adding to the deficit, stop the failedland stimulus. and freeze it. megyn: even if president obama and the democrats lose some seats and they don't lose control necessarily, but they take a significant hit in one or both houses. we talked about this last week and tried to get governor rendell of pennsylvania to answer it, i don't know that he did. the thing we are seeing more and more is democrats running against the president's agenda. so when they -- if they get rehe lectsed, they manage to save their own jobs. put me back in there and i won't walk lock step with him. they will go back on capitol hill and do we have a lame duck

president for the next two years? >> that goes back to my point, he failed to make an agenda that is positive. you will not only have some democrats elected this year by in their minds running against obama. but every democrat with a tough race in the house says i have a tough race in 2012 because of redistricting. and in red states like montana, north dakota, south dakota, ben nellen, you think he's coming back? if a democrat has a tough race this year, there will be a lot of democrat senators looking over their shoulders saying cap and trade and taxes and spending and the stimulus bill and the healthcare bill, those are all deadly the me so i have got to put some distance between me and president obama between now and

2012. megyn: what we see tonight and november 2, what will barack obama be running on when and if he seeks reelection and will his agenda be stymied. you can tune in to fox news tonight with bret baier who will be bringing you all the primary night coverage. the results plus the speeches. oh, the speeches. the winners and the losers. do you like to watch the speeches? some of them ramble on and on. kind of painful when the person you wanted to win losses. you tell me. kelly@foxnews.com. until then we have you updated stop line. go to foxnews.com and the aehq link.

it could be the most creative political ad we have seen to date. >> hello, my pretties. megyn: house speaker nancy pelosi or an actress playing her as the wicked witch of the west. the candidate who dropped the house on her head just ahead. you have got to see this. he had a hollywood cup of coffee in thin the 40-year-old virgin. today he is accused of stabbing his girlfriend over 20 times. you will hear from him on the stand as well as his victim, alleged, in "kelly's court." >> he had his hand behind his back an starts walk up to me, i thought, my god, he's going to hug me. when i thought, oh, no, as got closer, he's going to punch me. and then i felt a slash of

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megyn: a new ad by a non-profit physicians group takes aim at mcdonald's. their beef? america's favorite sandwich and heart health. watch this. >> high cholesterol, high blood pressure. heart attack. tonight make it vegetarian. megyn: senior managing editor

of foxnews.com. you don't get points for subtlety. >> i guess i'll never be asked to be a member of that physician group. to plea that ad is a little over the top. big time. that's over the top. and responsibility, people. responsibility. there is nothing in any kind of -- have a little fries. everything in moderation is okay. there is nothing addictive about any of these things. it has no chemicals -- sat 12:00 it says i need my fix for a burger. you have to have self control. everybody knows you don't have to go to medical school to know if you eat a hamburger every day of your life, you are going to have a heart attack even my mother knows than. you don't have to be a doctor, you just need common sense. these tactics don't do anything. it has been shown over and over

again. megyn: they are going to air this in washington, d.c. they say heart disease related deaths in that city, it's the second highest rate in the country and that district has more mcdonlds and burger kings per square mile. >> i get the whole thing with a lot of calories. am i the perfect picture of health? megyn: you look fantastic. >> people have to stop with this lack of responsibility. megyn: they point to the socioeconomically disadvantaged saying they don't have the same education you do and they are eating this stuff in droves. and they need to be protected from themselves. >> yes it's the calories, the fat, the smoking. it's multi factorial. this has a lot of calories. a lot of fat. so you eat it -- once in a while

it's okay. every day it's bad. megyn: once a week? >> if you exercise and balance the rest of your diet. megyn: what if i have a burger without the bun with veggies on the side. they want to see totally vegetarian. they don't want to see meat on it. >> people like me, there is nothing wrong with good old american beef as long as you exercise and take into account everything else. mcdonald has been around for a long long time. there is a lot of fast food around this country for a long time. things have changed. we have a lot of heart disease but it's not all on the basis of one burger. megyn: i live in new york and there are vegetarian places all rebegan. thall -- places all vegan.

and you go in there and the stuff is covered in sauces with as much fat as hamburger. do you sort your trash when you put it outside to the curb? are you keeping an eye out for the trash police? cities are cashing in on recycling signs big time. but even the best are getting punished. you won't believe what they are doing to your garbage. lots of david and goliath stories, but none bigger than the man challenging nancy pelosi. he thinks he will be elected in san francisco with this controversial new ad. >> my monkeys will make you pay for it all. oh, i'm melting.

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megyn: you better bring your a-game if you want to challenge the speaker of the house. one california republican is giving it the old college try. crafting one of the most creative political ads we have ever seen. casting a nancy pelosi look alike as the wicked witch of the west. roll it. >> here are my monkeys to make you pay for it all. >> step back, everyone.

>> oh, i'm melting. >> thank you for saving us. who are you? >> i'm john dennis republican running for congress. megyn: when i saw this ad, i watched it and i was expecting some crazy to pop up at the end. instead you came on. you seem like a distinguished gentleman. i know you are a businessman in san francisco. what's with this crazy ad. >> we just -- i'm running as a republican in san francisco. we are not the majority so we are trying to use humor to break down barriers so people will hear our message. megyn: i can hear the women's groups saying you are a sexist pig. >> do you feel that way? the response has been overwhelmingly positive. the speaker herself was a good sport about it. her office released a statement on politico saying they got it.

there is nothing mean spirited about it. we are running a series of ads like this and here is a spoiler alert. nancy pelosi is going to get cast as the villian every time. megyn: the craziest thing about your position is not this ad as interesting as it is. it's that you are a republican trying to get elected to nancy pelosi seat in san francisco. i wanted to get the poll numbers to see -- we couldn't even find anybody who polled it because they assume they know she is going to beat you. how do you get motivated in a race like that? >> i think we are doing well. my position -- if you go back to the ad i will notice what we said is people are sisk politicians. i'm sick, people of san francisco are sick. the american people are sick of politicians who say one thing and do another. i ran in the primary as post civil liberty and the war in afghanistan, fiscally responsible republican, and

nancy pelosi has had positions some of which we agree on and she flip flopped. she voted or scheduled the reauthorizization of the itiate act without having a debate on it and the president quietly signed it into law over the weekend. nancy pelosi's numbers are very soft and the projections and polls we have seen have shown us skyrocketing. scott brown was down 20 points with 30 days left, and we are in a much better position than he was at this point. megyn: to what extent do you think nancy pelosi's unpopularity will play in san francisco where she is a beloved figure. >> the polls don't suggest she is as beloved as you think. the people of san francisco will

have an interesting choice to make. they will have a marginal eyed former speaker of the house to represent them or maybe ask the question will i have more political capital as the guy who pulled off the biggest upset in political history. that's something that will come into play. megyn: they have the internal revenue service as the flying monkeys and you douse her with a bucket that reads freedom. that's what you use to kill the fake witch. all right, john, i'm sure you will get a lot of feedback. i'm glad to hear nancy pelosi's office is taking it in goodhue more. brave man there. coming up on studio b with shepard smith. shep: the next time you go to the beach just date your status on facebook or going down to see the jets play. can't wait to go. thieves are using that information to rob homes.

wait until you hear about the web site that tells them what you said on your facebook account. come rob me, please. how to avoid and how it 7 going down. megyn: his claim to fame was a part in the movie "the 40-year-old virgin." now this character actor is accused of stabbing his girlfriend 20 times. wait until you hear his defense straight from him as you hear both sides in unusual and gripping witness testimony. you can go to foxnews.com/americalive. read up on it before the gavel drops next on "kelly's court." see you yelled at the tomorrow of my lungs, help, help, call 911, he's killing me. help! i was screaming so loud.

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megyn: "kelly's court" is back in session. on the docket today, amnesia. one actor's alibi eastern attempted murder. shelley malil accused of stabbing his girlfriend more than 20 times. malil accepting responsibility for the savage assault but insisting he has no memory of actually attacking his girlfriend and claiming he was hit in the back of the head before grabbing the knife. and that he believed at the time he stabbed her he was fighting for his own life. listen. >> i'm like on high alert. out of nowhere i get hit from the back. it sound weird, but it felt like a piece of granite countertop. it was cold and it was hard.

it hit me on the side of the head from the back. i immediately fell down. then there was something like i don't know what it was. but someone was hitting me with something. all i had was this knife and i just went like bananas with the thing. megyn: dose have a defense? -- does he have a defense? let's ask our panel. this case is really disturbing. and we are going to play some more of the victim's testimony on the stand in a minute. he claims that essentially it was self-defense. you heard his explanation. is there any chance that flies with this jury? >> i don't think so at all. you have to be under attack, you have be in fear for your safety. he said he was on the ground and started swing. went bananas, he said i fell down. you wouldn't fight back with a knife because you wouldn't have a knife in your hand.

he grabbed it before he was ever hit, even before his own testimony. eyewitness testimony is different than what he's saying and he repeatedly went after her. megyn: he has an explanation why he had the knife for the first place and for his confusion. >> there is a bit of adrenaline that takes over. certainly he has a legitimate defense. the charges are premeditation. did he premeditate her murder or obvious live attempted murder. she is still alive. but it's premeditation. to the extent he thought he was unattack by a third party, that would have been her boyfriend -- megyn: i think our viewers may be confused. he showed up at his girlfriend's backyard and he found his girlfriend sitting at a picnic table with another man drinking wine. is essential claim is that he went over, he whispered something in her ear, the other

boyfriend or the guy student and he felt threatened and he grabbed the knife that was in the picnic table, then he ran inside to exchange that knife for a butcher knife. he came back outside. someone hit him on the head, he began stabbing, he didn't know who. >> he testified he thought the other person mr. maldonado may have had a weapon at the time. if he had attempted her murder. butcher knives are long and sharp. if he intended that she be dead i would suggest to you that she would be. he could have stabbed her in the heart. he could have stabbed her in the neck. he could have cut her wrist. he could have done a number of things. megyn: does that defense fly? he could have stabbed her more than 0 times? >> because he failed doesn't mean he's not an attempted murderer. absolutely not. he chased her.

he grabbed the butcher knife. he followed her around. eyewitness testimony is he went after her. he testified, he traded knives. >> that wasn't what happened. let's understand -- >> absolutely that's what happened. >> i'm not saying because he wasn't successful you can't charge him with it. i'm saying intent is more consistent with an act that is done -- if he wanted to take a butcher knife and plunge it into her heart and rip out her neck he could have done it. at the end of the day -- megyn: even the defense as far as i know is not claiming because he only stabbed her 20 times he didn't mean to kill her. he believed he was unattack. let me ask you this. we have been playing these sound bites of her testifying on the stand. then our viewers just got a chance to see him on the stand. and this is going to come down to credibility of the witnesses. you saw him in the intro, i'll let the viewers decide whether

they thought his explanation was credible. here is a sample of what the jury heard from the victim. >> my skin was open. i can feel i was bleeding everywhere. i was trying to hold my side. hold me together so i can get help. i didn't want the die. >> this is gripping and compelling testimony. but let's take a step back. and go back to the 20 times stabbing. his explanation is he thought he was under attack. what does a person do when they are under attack. they nails and spin and move and they do what they to be protect their interests. the facts are hotly contested. there is his version, there is her version. there is another eye with itness. but if you look at the multiple stab wound i think it is consistent with someone fighting

for their lives. megyn: what about this amnesia claim. he doesn't remember doing it. it wasn't until months later when they showed him the pictures of what he did to his girlfriend. oh, that was kelly? i had no idea. >> that's right. they are throwing everything in the kitchen sink. i didn't remember. i thought i was under attack. i went and grabbed another knife. i don't remember. i was lashing out. eyewitness testimony was he chased her. you heard her testimony, she cause stabbed in the chin, the back, the leg. to say he forgot, that's convenient. >> i don't think it's convenient. i think something called adrenaline. when somebody is in war zone mode such as when you are being attacked is the natural inclination of anybody. megyn: for any prove whatsoever he was hit by anybody?

>> that will be a jury determination westerly he was hit. >> they would have brought it in. >> his reasonable belief he was under attack. when there is adrenaline flowing you don't remember. >> his testimony was i went bananas. that's his way of saying i was slashing everywhere. that's not a defense. megyn: he's a professional actor. were you convinced by his performance on the witness stand? this case is going to the jury within the next day or two. one final word for our viewers. he doesn't remember doing it. he thought he was being attacked by someone other than her as he stabbed her 20 times snow was defending himself in to me this defense sounds desperate in the truest sense of that word. but i'm not in the courtroom. that what's we have juries for to evaluate the testimony firsthand. there is no substitute for

looking at the witnesses to decide who is believable and who is not. jail stand by this jury whatever their verdict.

megyn: you uncle sam is coming to get, and that's the law in many place. in some places the green police can hand out tickets without offing your trash can. sometimes you are not that careful, a can gets in the trash when it should have gone the recycling. >> reporter: in charlotte, north carolina, boise, idaho. they go in and put computer chips in your recycle bins to collect data. they can tell what's in your crash can, they can tell what

you are eating. they know how many times you bring your bin back and forth from the curb. if you do not bring it back and forth enough, in cleveland they write you a $100 ticket. other cities are considering finding you if you don't separate the recyclables. if you don't separate them, another ticket. privacy across row cats are infuriated saying this is not the role of government. they should not be watching your trash. john mccain was upset when he found chips were being put in the recycle bins. what they want to do is knock on your door and say, guess what, megyn, now you have got to go to trash class. you have got to go to an educational seminar. can you imagine? where are you going tonight? i have got to go to trash class.

megyn: are you kidding me? pennsylvania what if you don't use cans and bottles? >> reporter: the advocates are saying hold on, what about if i don't use plastic bottles. megyn: i don't buy it if it's plastic. that will be my defense and yours, too. thanks, trace. >> reporter: see you in trash class. megyn: police in canada warning of a new trend in drug smuggling. they are warning about the taste question, chewy gummy bears. that's next. captioning made possible by fox news network

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of some of the annoying symptoms menopause brings. go introducing one a day menopause formula. the only complete multivitamin with soy isoflavones to help address hot flashes and mild mood changes. new one a day menopause formula. >> megyn: a dangerous trend in drug smuggling. police in canada found gummy bears laced with lsd. turning up during a drug raid in british columbiaia. while it is not an addictive drug it does